PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

CA 21-00912
Index No: 2004-0480

IN THE MATTER OF THE APPLICATION FOR A RECOMMITMENT ORDER PURSUANT TO CPL § 330.20 IN RELATION TO JOHN P., RESPONDENT-APPELLANT.

Appellant having moved, pursuant to CPLR § 330.20 (21 (a), for permission to proceed as a poor person, for assignment of counsel, for a transcript without having to pay a fee, and for the sealing of the record on the appeal taken herein from an order of the Supreme Court, Monroe County, entered January 7, 2021,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks permission to proceed as a poor person is granted, and

It is further ORDERED that the motion insofar as its seeks assignment of counsel is granted, and Elizabeth Fortino, Director, Mental Hygiene Legal Service is hereby assigned as appellant's counsel for the purposes of this appeal, and

It is further ORDERED that the motion insofar as it seeks a transcript without having to pay a fee is granted to the extent that the Monroe County Clerk is hereby directed to provide Mental Hygiene Legal Service with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings upon which the appeal is based, and

It is further ORDERED that the appeal herein must be perfected by electronic filing pursuant to 22 NYCRR 1245 and 22 NYCRR 1000.17, and

It is further ORDERED that the appeal may be prosecuted upon one hard copy of the complete record and an original and five hard copies and one digital copy of appellant's brief, pursuant to 22 NYCRR 1250.9 (a) (4), and

It is further ORDERED that the motion insofar as it seeks to seal the record and papers filed on this appeal is granted.

Entered: September 14, 2021

Ann Dillon Flynn

Clerk of the Court